Please help I’m so worried

[mummytopaws]

I raised a court claim against a company which they then raised a counterclaim for. This was via the moneyclaims website. I was told by the court the counterclaim was struck off as they didn’t pay their fee but that is seemingly wrong. I therefore didn’t respond to the claim and I have today received a letter dated 21 November 2022!!! The envelope is badly damaged I can only assume it was missing and then found during the Mail strikes. The letter includes a general form of judgment or order saying the court will decide what I have to pay the defendant for the counterclaim including costs. I am registered disabled with a very low income and had hoped to apply for a small mortgage this year to buy the property I rent. I work part time as that’s all I can manage. If this shows as a ccj I won’t get a mortgage and the landlord will sell to someone else. I can’t get through to the county court but everything I read online tells me you need to apply within 7 days but how could I when I didn’t know it had gone through as a counterclaim and didn’t find out about the judgment until 3 months later. I feel so worried and anxious I can’t think straight. There is a hearing set for next month which isn’t the final hearing. If anyone can help me I would be so grateful.

[charitynjw]

Without revealing too much detail, could you give us a clue as to the back story?

[atticus]

You obviously need to start by applying to set aside the judgement on the counterclaim.

Then someone needs to get a grip on the case as a whole, claim and counterclaim, so as to work out what needs to be done so that you can achieve the best result possible, taking into consideration the strengths and weaknesses on each side.

[mummytopaws]

Thank you for the replies. Some context….. I visited a vet when my dog was in labour. I was concerned she required a c section and they said no they would try some medication first. I called the PDSA which is a charity for people on low incomes to ask if they could help if she needed a c section as the cost of the procedure was heavily inflated at this vet and I would have paid a much more normal price at PDSA. They confirmed to me they would be willing to do the c section if required. The vet still insisted she didn’t need one despite me asking several times. Later that day it transpired she did need one and they told me I didn’t have time to take her to PDSA and it resulted in the death of 3 puppies which were still alive earlier in the day as shown by ultrasound scan. Whilst I was in the vets crying the practice manager came out with paperwork and told me I had to sign or I couldn’t take my dog home. She said my pet insurance wouldn’t cover it as she had already called them. The agreement was to pay 4 lots of £400 over 4 months. I was not in work at the time and said I couldn’t afford it but she said I had to sign it.

i paid the vet around £500 and then wrote to them saying I wanted to complain as I felt they had been negligent and should have advised the c section earlier. They did not respond so I did not make any further payments. I wrote to them again but no answer. When I threatened court action they eventually answered. They are a large corporate group.

I raised a claim of £2500 they have counter claimed me for the outstanding balance on the agreement and interest as well as costs.

i didn’t know the counterclaim had gone through as the court told me it was struck out due to them not paying their fee but when I called yesterday they said that it had eventually been paid.

i have applied to have the judgement set aside. An amount hasn’t been specified yet and the paperwork I received yesterday (which was sent in November but was missing in mail) says this will be decided at a hearing

i am currently having terrible anxiety and stress relating to this. I have just lost my dad, my daughter has a chronic life threatening disease and is having major health problems and I feel like this is sending me over the edge mentally. I have offered to settle previously for the diff between my claim and what the remaining balance was on the agreement. No reply was received from the solicitor for the other party.

i am terrified